After hearing MEO - Serviços de Comunicações e Multimédia (MEO) on the draft decision (approved on 18 August 2017), by decision of 31 August 2017, ANACOM determined the adoption of measures to be undertaken by MEO with respect to the campaign which provides for an offer of an additional 2GB of Internet traffic for some of its subscribers.
The campaign, launched on 8 August 2017, grants some of MEO's mobile Internet subscribers an additional 2GB for use up until 31 August at no cost. As from this date, the extra mobile Internet traffic will carry an additional cost, even where subscribers have not given their express consent.
Despite the clarifications provided by MEO and the recent communications sent to subscribers by the company in the context of this campaign, it is ANACOM's view that the provision of additional traffic (at a price) can only be accepted if take-up of the offer results from an express and prior manifestation of consent by the customer. As such, by decision of 31 August 2017, ANACOM ordered MEO:
a) to ensure that take-up of the offer in the context of the campaign launched on 08 August 2017 is based on an express manifestation of will by its customers;
b) to not charge or bill any sum for the provision of services to which this determination refers, without subscribers having previously manifested express consent as referred to in the previous paragraph.
In the same decision, it was also determined that MEO should report to ANACOM, within 10 working days from the date of notification, detailing the manner in which it has accomplished compliance with the stipulated measures, submitting supporting evidence of the measures undertaken, without prejudice to any other evidence which ANACOM may request.